D.Elansezhiyan v. The Director General Of Employment Of Training

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 25327 of 2021 D.Elansezhiyan ... Petitioner -Vs1. The Director General of Employment of Training, Ministry of Labour, New Delhi-110 001.

2. The Director, Employment and Training Dept., Guindy, Chennai-600032

3. The Principal, P.R.S.Industrial Training Institute, Cuddalore OT-607 001 ... Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other writ, directing the 1st and 2nd respondents to provide the petitioner the National Trade Certificate for the successful completion of Electrician Course in the 3rd respondent institution.

For Petitioner :

Mr. P.Kannan For Respondents :

Mr. S.N.Parth Sarathi Senior Central Governing Standing Counsel for R1 Mr. M.R.Gokul Krishnan Government Advocate for R2 R3- No appearance.

O R D E R

The petitioner has filed this petition seeking issuance of Writ of Mandamus, directing the 1st and 2nd respondents to provide the petitioner the National Trade Certificate for the successful completion of Electrician Course in the 3rd respondent institution.

2.

Mr. S.N.Parth SarathiSenior, Central Governing Standing Counsel for R1, Mr. M.R.Gokul Krishnan, Government Advocate for R2 takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner the petitioner filed a writ petition for the issuance of national trade certificate for successful completion of the electritian course in the 3rd respondent institute. Inspite of several representations made to the 3rd respondent to secure the National Trade Certificate, the last representation was sent on 09.11.2021, till date no order was passed. Hence the present writ petition is filed.

4. It is submitted by the petitioner that he has come out successfully in the NCVT examination held in the month July 1996 and he obtained 590 marks. The petitioner further submits that though he successfully completed the Course, the 2nd respondent had issued Provisional National Trade Certificate and even in the provisional certificate it is stated that National Trade Certificate will be issued by the National Council for Vocational Training and so it is obligatory in the part of the 1st respondent to issue the National Trade Certificate to the petitioner on his completion of the course successfully. Since the said Certificate is not issued. In spite of the representation, the present petitioner is filed.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the Respondents to consider the representation of the petitioner for National Trade Certificate for the successful completion of Electrician Course in the 3rd respondent institution within the time frame fixed by this Court.

6. The learned Government Advocate submits that the petitioner's representation dated 09.11.2021 will be considered by the respondents within the time frame fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the Respondent to consider the petitioner's representation dated 09.11.2021 and to pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sha To

1. The Director General of Employment of Training, Ministry of Labour, New Delhi-110 001.

2. The Director, Employment and Training Dept., Guindy, Chennai-600032 +1cc to Mr.P.Kannan, Advocate, S.R.No.61332 +1cc to Mr.S.N.Parthasarathi, Advocate, S.R.No.62402 W.P.No. 25327 of 2021 KG(CO) SU(16/12/2021)